Trustee Notice to Beneficiaries Requirements in Kentucky

At a glance

Requirements one by one

Kentucky uses two default 60-day clocks

KRS § 386B.8-130(1)(b)1. starts the first clock when the trustee accepts the trusteeship. Within 60 days, the trustee notifies the qualified beneficiaries of the acceptance and gives the trustee's name, address, and telephone number.

Paragraph (1)(b)2. starts a separate 60-day clock when the trustee acquires knowledge that an irrevocable trust was created or that a formerly revocable trust became irrevocable, whether by the settlor's death or otherwise. That notice states the trust's existence and settlor identity and explains the rights to request the trust instrument and a trustee's report.

The mandatory floor is narrower than the default notices

KRS § 386B.1-010(14) defines qualified beneficiaries through three distribution horizons: current distributees, those who would take if current interests ended without ending the trust, and those who would take if the trust ended on the determination date. The two default notices go to that class.

Trust terms ordinarily control subsection (1). KRS § 386B.1-030(2)(h), however, protects § 386B.8-130(2)'s separate floor. Regardless of the trust terms, the trustee must notify and report to at least one qualified beneficiary of an irrevocable trust who has reached age 25, or to a designated person with a fiduciary relationship to a qualified beneficiary. If the trust mandates notice to no one, the trustee may make that designation without liability for doing so.

The mandatory floor requires the trust's existence, the trustee's identity, and the right to request trustee reports. Subsection (2) does not supply a separate day count.

Delivery is functional, and the recipient may waive notice

KRS § 386B.1-070(1) requires a method reasonably suitable under the circumstances and likely to result in receipt. It lists first-class mail, personal delivery, delivery to the last known residence or business, and a properly directed electronic message.

Subsection (2) excuses notice to a person whose identity or location is unknown and not reasonably ascertainable by the trustee. Subsection (3) lets the person entitled to notice waive it. The cited provisions state no newspaper-publication substitute for these initial notices.

Representation can make notice effective for another person

Under KRS § 386B.3-010(1), notice to a person authorized to represent and bind another has the same effect as direct notice to the represented person. Subsection (2) makes a representative's consent binding unless the represented person objects before the consent otherwise becomes effective.

What trips people up

• The default rule and mandatory floor are not identical. Trust terms may change subsection (1)'s two notices, but § 386B.8-130(2)'s minimum recipient and content rule remains mandatory.
• Age 25 does not define every default recipient. It limits the separate mandatory floor; the default notices go to all qualified beneficiaries.
• The three pre-code exclusions are event-specific. The two initial paragraphs and the mandatory floor do not apply to a pre-July 15, 2014 trustee acceptance, irrevocable-trust creation, or formerly revocable trust's irrevocability.
• No sworn service package is prescribed. The initial-notice provisions do not require certified mail, an adult nonparty server, trustee certification, a perjury declaration, or proof of service.

Common questions

Must the trustee automatically attach the trust instrument?

No. The creation-or-irrevocability notice explains the right to request it. KRS § 386B.8-130(1)(c)1. requires the trustee to furnish it promptly after a qualified beneficiary requests it.

Can a qualified beneficiary waive reports or other information?

Yes. KRS § 386B.8-130(1)(d) permits the waiver and allows withdrawal for future reports and information. That is separate from the notice waiver in § 386B.1-070(3).

While a trust is revocable, to whom are trustee duties owed?

Current KRS § 386B.6-030(1), effective July 15, 2026, says that while the trust is revocable and the trustee reasonably believes the settlor has capacity to revoke, beneficiary rights are subject to the settlor's control and trustee duties are owed exclusively to the settlor.

Which court handles matters under the notice section?

KRS § 386B.8-130(4) gives the District Court exclusive jurisdiction over matters under that section.

Statutes and sources

• KRS §§ 386B.1-010(14), 386B.1-030(1), (2)(h), and 386B.1-070(1)–(3) — qualified-beneficiary definition, default and mandatory rules, delivery, unknown recipients, and notice waiver. Official Kentucky Revised Statutes (accessed 2026-07-31).
• KRS §§ 386B.3-010(1)–(2) and 386B.6-030(1)–(2) — representation and the current revocable-settlor rule. Official Kentucky Revised Statutes (accessed 2026-07-31).
• KRS § 386B.8-130(1)–(4) — initial notices, contents, mandatory floor, information waiver, legacy exclusions, and jurisdiction. Official Kentucky Revised Statutes (accessed 2026-07-31).